get in touch with us

FAILED MORTGAGE INVESTMENTS

Solicitors’ Mortgage Investments Recovery

We act for investors who have invested their money with Solicitor’s First Mortgage Investment Schemes. In this developing area, we are active in representing the interests of the investors in recovering losses suffered if the borrowers of the investment funds fail to meet their repayment obligations.

Often, the investors have been told that:

  • the cost of recovering the investment will outweigh any return, or
  • they must wait until the security property has been sold before any action can be taken against the borrower or against any other party whose negligence has caused the loss

Also, investors are often not told:

  • it is possible to take legal action before the security property is sold
  • they may well have rights of recovery against the Valuer, and the Solicitor, in addition to any rights they may have against the borrower
  • they should obtain independant advice from another solicitor immediately it becomes apparent that their investment is falling into default
  • they should not be asking the solicitor who made the investment for them to be the person who recovers their money
  • they should NOT wait until the borrower has been bankrupted, and their security sold, before considering alternate recovery options
While it is often correct that legal action is expensive, our focus is on co-ordinating action by several affected investors into a ‘class action’, which permits the cost of the recovery action to be shared, reducing the burden upon each individual investor.

Contact our litigation team. We are at the forefront of this developing area of law.

CONTACTS FOR THIS AREA OF LAW
Andrew Smyth

Andrew Smyth

Commercial Law Court Work & Litigation Family & De Facto Law Wills and Estates
Partner   December 2, 2020  
With 30 years’ experience working in and managing business, Andrew Smyth is sought after by industry and commerce for his specialist knowledge in structuring, regulatory compliance…
Read More
Sean Powell

Sean Powell

Court Work & Litigation Wills and Estates
Partner   November 27, 2020  
Sean specialises in estate disputes, estate administration and estate planning, with a particular emphasis on contested wills. In line with his Succession Law focus, he has…
Read More
Chris Kohler

Chris Kohler

Court Work & Litigation Wills and Estates
Senior Solicitor   November 26, 2020  
Chris is a senior litigation solicitor, specialising in resolving commercial disputes and deceased estate disputes. His 30 years of experience in litigation have seen him resolve…
Read More
Isabella Phillips

Isabella Phillips

Court Work & Litigation Family & De Facto Law Wills and Estates
Solicitor   November 21, 2020  
Bell is a solicitor in our Succession & Litigation team and has taken to specialising in estate litigation. Bell graduated from Bond University with a double degree in…
Read More